Questions and answers

Question reference: S6W-30671

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the presentation of a flood protection scheme in a publicly-available notification must be sufficiently clear so that the deemed planning authority-granted elements of the scheme are clearly and unambiguously identifiable from any elements that require planning permission under the Town and Country Planning (Scotland) Act 1997.

Section 57(2B) of the Town and Country Planning (Scotland) Act 1997 provides that once a flood protection scheme is confirmed (whether by the local authority or the Scottish Ministers), the Scottish Ministers are to direct that planning permission for the development is deemed to be granted, subject to any planning conditions which Ministers may specify.

The implementation of the Town and Country Planning (Scotland) Act 1997 is primarily a matter for local planning authorities.

Question reference: S6W-30666

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the standard of protection in Flood Risk Management Plans, under the Flood Risk Management (Scotland) Act 2009, should encompass the views of the beneficiaries, particularly the local community’s perceptions of the level of risk that is desirable and acceptable, and, if so, how this should be determined.

It is a local authority responsibility to develop and deliver flood protection scheme, including the selection of an appropriate standard of protection. This is because each place is unique and bespoke solutions are required.

Schedule 2 of the Flood Risk Management (Scotland) Act 2009 sets out the local authority’s responsibilities in terms of public consultation as part of the notification of a flood protection scheme. However, we would expect local authorities to engage with their local communities on relevant design considerations throughout the development process.

Question reference: S6W-30668

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether it is appropriate that all new and, as yet, unbuilt flood protection schemes should incorporate a component of natural flood management as a requirement for receiving public funding.

The Flood Risk Management Act promotes a catchment wide approach to managing flood risk. The Scottish Government recognise that Natural Flood Management (NFM) can provide multiple benefits, including reducing flood risks, enhancing biodiversity, and contributing to climate resilience.

The Scottish Government does not require the use of NFM as a funding condition, as each community and catchment are different and require a bespoke solution. Local Authorities are best placed to carry out the assessment of options to improve flood risk as they understand their local areas and project goals best.

Question reference: S6W-30667

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether community "appetite for risk" should be secondary to the implied standard of protection arising from the implementation of the UK Treasury Green Book and based upon Cost Benefit Analysis using SEPA’s proposed risk levels in relation to the development of flood development plans.

It is a local authority responsibility to develop and deliver flood protection schemes. This includes the selection of an appropriate standard of protection. This is because each place is unique and bespoke solutions are required.

We would expect local authorities to engage with their local communities on relevant design considerations including the level of protection throughout the development process.

Question reference: S6W-30664

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government whether it has developed the Cycle Two process for guiding and determining flood protection schemes under the Flood Risk Management (Scotland) Act 2009, and, if so, when this will be published.

A joint COSLA/ Scottish Government Flood Risk Management Funding Working Group has been set up to discuss funding and governance of flood resilience actions in Scotland and make recommendations to Cosla and Scottish Ministers on cycle 1 and cycle 2 flood protection schemes. The group includes representatives from COSLA, SEPA, local authority Directors of Finance and flood officers, and Scottish Government officials.

The work of this group continues with some recommendations already agreed by Ministers and COSLA Leaders whilst further recommendations are being developed.

Question reference: S6W-30672

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government, prior to progressing a flood protection scheme to the objections stage, and where any proposals other than the deemed planning authority-granted elements are included in presentations to the community, what its position is on whether planning permission for such proposals should be obtained prior to their inclusion in the final presentation to the community.

Section 57(2B) of the Town and Country Planning (Scotland) Act 1997 provides that once a flood protection scheme is confirmed (whether by the local authority or the Scottish Ministers), the Scottish Ministers are to direct that planning permission for the development is deemed to be granted, subject to any planning conditions which Ministers may specify.

The implementation of the Town and Country Planning (Scotland) Act 1997 is a matter primarily for local planning authorities.

Question reference: S6W-30673

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the community that is purported to benefit from a flood protection scheme must always be consulted on the options long list in the early stages of a proposal, which is then used to produce an options short list.

It is a local authority responsibility to develop and deliver flood protection schemes and we would expect them to engage with their local communities on relevant design considerations throughout the development process.

The Scottish Government will publish a Flood Resilience Strategy by the end of this year, which will set out our vision on creating flood resilient places and recognise the important contribution people and communities make to their own flood resilience.

Question reference: S6W-30674

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the potential impact of schemes and actions to prevent flood risks in conservation areas must be carried out in equivalence to that of historic and scheduled monuments, in light of these being covered by the Listed Buildings and Conservation Area (Scotland) Act 1997.

Question reference: S6W-30663

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government whether Flood Risk Management Plans submitted to it by local authorities, under the provisions of the Flood Risk Management (Scotland) Act 2009, have been scrutinised and signed-off by experts with relevant expertise in all aspects of a scheme, including hydrology and civil and structural engineering, and who are fully independent and therefore not employed by the project proponents or by its appointed consultants, and, if this is not the case, whether it will undertake such scrutiny itself.

Flood Risk Management Plans are developed by SEPA, which has the expertise to do so as Scotland’s Strategic Flood Risk Management Authority.

It is a local authority responsibility to develop and deliver flood protection schemes. However, the Flood Risk Management (Scotland) Act sets out a specific set of circumstances where the Scottish Ministers may consider a scheme if they receive notice from a local authority under Schedule 2 of the Act.

Should Ministers decide that they wish to consider a scheme, a Public Local Inquiry would be held by a Reporter. The Reporter would hear evidence on all relevant considerations, including from relevant experts, before making a recommendation. Ministers would then consider the recommendation of the Reporter before making their decision.

Question reference: S6W-30675

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government how it is ensuring that value for money is achieved by the flood protection schemes that it is funding in full or partly.

It is a local authority responsibility to develop and deliver flood protection schemes. As such, it is for the local authority to ensure that its individual project is value for money and has a robust business case.

Individual local authorities are responsible for managing their finances in a prudent and sustainable way, ensuring the delivery of best value to the public for the services they provide. The Scottish Government provides grant funding to support local authorities in this responsibility through the general capital grant.

At a programme level, a joint COSLA/ Scottish Government Flood Risk Management Funding Working Group has been set up to discuss funding and governance of flood resilience actions in Scotland. The group includes representatives from COSLA, SEPA, local authority Directors of Finance and flood officers, and the Scottish Government. This group have been tasked with making recommendations to improve affordability, learn lessons for future programmes, and discuss future funding arrangements. This includes consideration of VfM.

Seòmar agus comataidhean